ML19312D414
| ML19312D414 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/17/1980 |
| From: | Swanson D NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8003240371 | |
| Download: ML19312D414 (5) | |
Text
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03/17/80 t.
' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In"the Matter of
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'HETROPOLITAN EDISON COMPANY, ET AL.
)
Docket No. 50-289
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'(Three Mile Island' Nuclear Station,
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Unit 1)
)
NRC STAFF OBJECTI S TO INTFRVENOR AAMODT'S INTFRROGATORIES TO THE STArp Intervenor Marjorie Aamodt has recently submitted five sets of interrogatories to the_ Staff in this proceeding. These consist of, among others, her Second Set dealing with Contention 11.1, dated February 23, 1980; her Third set deal-
'ing with Contention 4, dated February 23, 1980; her Fifth Set dealing with Contention 4, dated February 24, 1980; and her Sixth Set dealing with her Contention 2, dated February 25, 1980. For the reasons set forth below, the Staff objects to responding to some of the interrogatories contained in the referenced' discovery request.
-Aamodt Second Set The Staff objects to responding to any of the interrogatories set forth in
~Aamodt Second Set since all are based upon her Contention 11.1, which was rejected by the Board in its Fourth'Special Prehearing Conference Order dated February 29, 1980, at page 20.
Since the interrogatories are not claimed by
.Mrs. Aamodt to be related to any other issues that she has raised in this pro-ceeding, the Staff submits that the entire Second Set is objectionable pursuant to 10.CFR 82.720(h)(2)(1).
8003240 h
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Aamodt Third and Fifth: Sets
'The' Staff finds Interrogatory number 4 of Aamodt Third Set' and numbers 1-6
.and:14a.of her.Fifth Set to be objectionable as they request information out-side _of the scope of the issue upon which it is based, i.e. Aamodt Contention
-4.
Contention 4 relates to the Licensee's' provisions for dissemination of information.in the event of an accident. The interrogatories objected to, however, all request information regarding the Staff's role in disseminating
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'information.
Interrogatory.4 of the Third Set probes into the NRC's role in restricting national TV pews programming during the TMI-2 accident.
In the Fifth Set,
. Interrogatories 1-6 request information also related to the NRC's policy and past practice of disseminating information, and are not related to her Con-tention 4.
However, the Staff is voluntarily answering number 4 of her Third Set,_as well as numbers 1-3 of the Fifth Set, as these address matters that are-generally related to TMI-1, but does not waive its right to object to follow-up discovery on these points. The Staff will not volunteer information regarding the details of its practice with regard to another facility, as there apoears to be no relevance of these matters to Aamodt Contention 4 or to this.
proceeding. Accordingly, numbers 4-6 of the Fifth Set are not being answered.
Similarly, Interrogatory 14a of the Fifth. Set is objectionable in that it requests information regarding the Staff's view of whether the utility-is-
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. engaged in a legitimate means of advertising. Not only.is this interrogatory unrelated to her Contention 4, but the question of legitimate advertising has no bearing on this proceeding..
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'Aamodt' Sixth' Set-Interrogatory'2 of her. Sixth-Set requests a copy of the test that the Staff
. intends to administer for licensing operators for the restart of TMI-2.
In the. forthcoming Staff' response,' the Staff indicates that such a test has not yet been developed. However, the Staff would object to the production of this test until after it has been administered. Obviously the release of a test
. prior to its' administration jeopardizes its-usefulness.
Intervenor Aamodt has not provided a compelling reason why the Staff should make an exception in her case and distribute the test to her before it has been given to the operators.
The Staff.would not object to providing a copy of the test after it has been given to'the TMI-1 operators, although such distribution may have to be under the coverage of: some sort of protective agreement.
For.the reasons set forth above, the Staff finds objectionable, but will volun-tarily respond to, Aamodt Interrogatory 4 of her Third Set, and Interrogatories 1-3 of her Fifth Set.
The Staff objects to responding to her Second Set and
. Interrogatories 4-6 and 14a of her Fifth. Set, on the basis that they are not related to Intervenor Aamodt's contentions as specified in her Interrogatories nor to the TMI-1 Restart proceeding. Finally, the Staff objects to providing
.a copy of an operator test in advance of ite administration as requested in
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number 2 of her. Sixth Set.
Respectfully submitted, ham / r? &s
' Daniel T. Swanson Counsel:for NRC Staff Dated at Bethesda, Maryland this 17th day of March, 1980
- o tUNITED STATES 0F' AMERICA
- NUCLEAR REGULATORY COMMISSION BEFORE THE' ATOMIC SAFETY AND LICENSING' BOARD
'In the' Matter of
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1MLTROPOLITAN EDISON COMPANY, ET AL.
)
Docket No. 50-289
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(Three Mile Island Nuclear Station,
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Unit 1)
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CERTIFICATE OF SERVICE I~ h' reby certify that copies of "NRC ~ STAFF OBJECTIONS TO INTERVFNOR AAMODT'S e
INTERROGATORIES TO THE STAFF" in the above-captioned proceeding have been served on the following by deposit in th'e. United States mail, first class, or, as indicated by an asterisk,-through deposit in the Nuclear Regulatory Commission's internal mail system, this 17th day of March, 1980:
Ivan W.LSmith, Esq.*
Mr, Steven C. Sholly
~ Atomic Safety and Licensing Board 304 South Market Street U.S. Nuclear Regulatory. Commission Mechanicsburg, PA 17055
' Washington, DC 20555 Mr. Thomas Gerusky Dr.' Walter H.-Jordan Bureau of Radiation Protection 881 W. Outer Drive Department of Environmental Oak Ridge, TN 37830 Rescurces P.O. Box 2063 Dr.. Linda W. Little
-Harrisburg, PA 17120 5000 Hermitage Drive Raleigh, NC 27612 Mr. Marvin I. Lewis 6504 Bradford Terrace George F. Trowbridge, Esq.
Philadelphia, PA 19149 Shaw, Pittman; Potts & Trowbridge 1800 M Street, N.W.
Metropolitan Edison Company Washington, DC 20006-ATTN:
J.G. Herbein, Vice President Karik W. Carter,- Esq.
P.O. Box 542 505-Executive House Reading, PA 19603 P.O.~ Box 2357 Harrisburg, PA. 17120-Ms. Jane Lee R.D. #3, Box 3521 Honorable Mark Cohen.
Etters, PA 17319
($12 E-3 Main Capital' Building
.Harrisburg,1PA z 17120 Senator Allen ~R.
Carter, Chairman Joint Legislative'Comuittee on Walter W. Cohen, Consumer Advocate Energy
. Department ofLJustice' Post Office. Box 142 (Strawberry. Square.:14th Floor-Suite $13 Senate Gressette Building
'Harrisburg,- PA;.17127 Columbia,'SC 29202
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Holly ~S. Keck-John-Levin, Esq.
iAnti-Nuclear. Group Representing PA Public Utilities Commission York Box 3265 245 W.? Philadelphia Street-Harrisburg, PA_ 17120.
York,:PA 17404'-
' Jordan D. Cunningham, Esq.
iJohn-E. Minnich, Chairman
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Fox, Farr and Cunningham.
Dauphin Co. Board "of Commissioners' 2320. North'2nd Street
. Dauphin County Courthouse' Harrisburg, PA -17110 Front and Market Stre'ets Harrisburg, PA 17101 Theodore A. 'Adler, Esq.
Widoff, Reager, Selkowitz & Adler iRobert-Q. Pollard P. D. B0x 1547 609 Montpelier Street' Harrisburg, PA 17105 Baltimore, MD -21218 Ms. Ellyn R. Weiss
~Chauncey Kepford.
Sheldon, Harmon, Roisman &_ Weiss Judith H. Johnsrud 1725 I Street, N.W.
-Environmental Coalition on Suite 506 Nuclear Power Washington, DC 20006 433 Orlando Avenue LState_ College,.PA 16801 Atomic Safety and Licensing Board Panel *
- Ms. Frieda Berryhill, Chairman Co' alit'an for Nuclear. Power Plant U.S. Nuclear Regulatory Commission Washington, DC 20555 iPostponement 2610 Grendon~ Drive Wilmington, DE L 19808 Atomic Safety and Licensing Appeal Panel (5)*
.Ms.-Karen Sheldon U.S. Nuclear Regulatory Commission Washington, DC 20555 Sheldon, Haruon, Roisman & Weiss 1725 1 Street, N.W.
Suite 506 Docketing and Service Section (7)*
Office of_the Secretary
- Washington, DC-20006' U.S. Nuclear Regulatory Commission Washington, DC 20555 LMs. Marjorie M. Aamodt R.D.'#5 Coatesville, PA -19320-M 2-Mwi 1 Daniel T. Swanson-Counsel for NRC: Staff-1 f
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